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Consulting Commission Agreement
"I need a Consulting Commission Agreement for a software development consultant who will help sell our enterprise solutions in South Africa, with a 15% commission structure and the ability to add subcontractors from March 2025."
1. Parties: Identification of the consulting company/individual and the client, including registration numbers, addresses, and representatives
2. Background: Context of the agreement and brief description of the business relationship being established
3. Definitions: Key terms used throughout the agreement, including specific industry terminology and commission-related definitions
4. Appointment and Scope: Formal appointment of consultant and detailed description of services to be provided
5. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination
6. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for earning commission
7. Obligations of the Consultant: Specific duties, responsibilities, and performance standards expected from the consultant
8. Obligations of the Client: Client's responsibilities, including provision of information and support
9. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Ownership and usage rights of IP created during the consultation
12. Limitation of Liability: Extent and limitations of consultant's liability
13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution
1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when sensitive market information is involved
2. Performance Metrics: Specific KPIs and measurement criteria, used when commission is performance-based
3. Training and Support: Details of any training or support provided by client, used in complex service arrangements
4. Insurance Requirements: Specific insurance coverage requirements, used in high-risk or regulated industries
5. Data Protection: POPIA compliance details, used when personal information processing is involved
6. Force Majeure: Provisions for unforeseen circumstances, used in long-term or high-value agreements
7. Transformation Goals: B-BBEE commitments and targets, used when relevant to the business relationship
1. Schedule A - Service Description: Detailed scope of services, deliverables, and performance standards
2. Schedule B - Commission Calculations: Detailed formula and examples of commission calculations
3. Schedule C - Reporting Templates: Standard formats for activity and performance reporting
4. Schedule D - Key Personnel: List of key personnel from both parties involved in the relationship
5. Schedule E - Territory/Client List: Definition of geographical areas or client base covered by the agreement
6. Appendix 1 - Compliance Requirements: Specific regulatory or industry compliance requirements
7. Appendix 2 - Code of Conduct: Expected behavioral standards and ethical guidelines
Authors
Applicable Laws
Business Day
Client
Commission
Commencement Date
Confidential Information
Consulting Services
Deliverables
Effective Date
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Material Breach
Notice
Parties
Personal Information
Project
Qualifying Revenue
Representatives
Services
Service Level Agreement
Signature Date
Target Market
Term
Territory
VAT
Commission Period
Commission Rate
Commission Statement
Competitor
Consulting Hours
Customer
Payment Date
Performance Metrics
Professional Fees
Project Plan
Record Date
Reporting Period
Service Standards
Termination Date
Trade Secrets
Working Hours
Appointment
Duration
Services
Commission Structure
Payment Terms
Performance Standards
Independent Contractor Status
Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Record Keeping
Reporting Requirements
Audit Rights
Force Majeure
Limitation of Liability
Indemnification
Insurance
Termination
Breach
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Variation
Costs
Good Faith
Waiver
Competition Law Compliance
Anti-Corruption
Tax Compliance
Electronic Communications
Business Continuity
Change Control
Financial Services
Information Technology
Real Estate
Professional Services
Manufacturing
Retail
Healthcare
Mining
Telecommunications
Business Consulting
Insurance
Agriculture
Education
Energy
Legal
Finance
Human Resources
Procurement
Business Development
Sales
Operations
Compliance
Risk Management
Commercial
Contract Administration
Chief Executive Officer
Legal Counsel
Business Development Manager
Sales Director
Procurement Manager
Human Resources Director
Finance Manager
Operations Director
Commercial Manager
Compliance Officer
Project Manager
Management Consultant
Business Consultant
Sales Consultant
Contract Administrator
Risk Manager
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